The plaintiff in a civil action for the recovery of money may, at or after the commencement thereof, have an attachment against the property of the defendant, and upon the grounds herein stated:
§ 1151.Grounds For Attachment
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1151 lists the eleven grounds that let a plaintiff suing for money get an attachment against a defendant's property, at or after the case begins, covering nonresidence, fraud, concealment, and failure to pay for delivered goods.
Full Text of § 1151
1. When the defendant, or one of several defendants, is a foreign corporation, or a nonresident of this state, (but no order of attachment shall be issued on the ground or grounds in this clause stated for any claim other than a debt or demand arising upon contract, judgment or decree, unless the cause of action arose wholly within the limits of this state, which fact must be established on the trial):
2. When the defendant, or one of several defendants, has absconded with intention to defraud his creditors; or,
3. Has left the county of his residence to avoid the service of summons; or,
4. So conceals himself that a summons cannot be served upon him; or,
5. Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his creditors; or,
6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or,
7. Has property or rights in action, which he conceals; or,
8. Has assigned, removed or disposed of, or is about to dispose of, his property, or a part thereof, with the intent to defraud, hinder or delay his creditors; or,
9. Fraudulently contracted the debt, or fraudulently incurred the liability or obligations for which the suit is about to be or has been brought; or,
10. Where the damages for which the action is brought are for injuries arising from the commission of some felony or misdemeanor, or the seduction of any female; or,
11. When the debtor has failed to pay the price or value of any article or thing delivered, which by contract he was bound to pay upon delivery.
Amendment History
R.L. 1910, § 4812.
Plain-English Summary
Attachment lets a plaintiff suing for money seize a defendant's property before the case even goes to trial, but only when one of eleven specific grounds applies. Section 1151 lists them: the defendant is a foreign corporation or nonresident (though for a claim other than a contract debt, judgment, or decree, the cause of action must have arisen entirely in Oklahoma); the defendant absconded to defraud creditors, left the county to dodge service, or hides to avoid being served; the defendant is about to move property out of the court's reach, convert it to cash, or otherwise dispose of it to defraud creditors; the defendant conceals property or rights in action; the debt was fraudulently contracted; the damages sought arise from a felony, misdemeanor, or the seduction of a woman; or the defendant never paid for goods that, under the contract, were due on delivery.
A plaintiff can request attachment when filing suit or any time afterward, so long as one of these grounds exists and the plaintiff can back it up in the affidavit required by Section 1152.
Frequently Asked Questions
What has to be true before I can attach a defendant's property in Oklahoma?
One of the eleven grounds listed in Section 1151 must apply, ranging from nonresidence and fraud to hiding assets or dodging service of summons.
Can I attach property from a nonresident defendant for any kind of claim?
No. For nonresidence or foreign-corporation status, attachment is limited to a debt or demand arising on contract, judgment, or decree, unless the claim itself arose entirely in Oklahoma.
Does the defendant have to already be avoiding me for attachment to apply?
Not always. Several grounds cover a defendant who's about to remove, convert, or dispose of property to defraud creditors, even before that happens.
Is attachment available only after I win my lawsuit?
No. Section 1151 lets a plaintiff request attachment at or after the case is filed, well before judgment.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: grounds for attachment in oklahomaoklahoma prejudgment attachment requirementsattaching a nonresident defendant's property12 O.S. § 1151